Twinn Tree Lumber Co. v. Day
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W.' Pearson. Action by J. E. Day against the Twinn Tree.Lumber Company, for damages suffered while in its employment. The demurrers for indefiniteness should have been sustained as the complaint failed to show how the alleged negligence operated to the injury of plaintiff.— McGhee v. Reynolds, 129 Ala. 540. Counsel discuss demurrers to the pleas, and insist that there was error to injui’y.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W.' Pearson. Action by J. E. Day against the Twinn Tree.Lumber Company, for damages suffered while in its employment. The demurrers for indefiniteness should have been sustained as the complaint failed to show how the alleged negligence operated to the injury of plaintiff.— McGhee v. Reynolds, 129 Ala. 540. Counsel discuss demurrers to the pleas, and insist that there was error to injui’y. They cite Merriwether v. Sayre M. & M. Co., 161 Ala. 453; Simmerman v. Hill C. C. Co., 170 Ala. 553; Black v. Roden C. Co., 59 South. 497, and…
1Opinion of the CourtSayre, J.
The amended complaint, by which we mean count 2, upon Avhich the- case went to the jury, was framed for the statement of a case under subsection 2 of the Employer’s Liability Act, section 3910 of the Code, which allows the employee to recover Avhen his in*567jury is caused by reason of tbe negligence of tbe employer’s superintendent, whilst in the exercise of superintendence. It lacked much of being a perspicuous statement of the case which plaintiff expected to prove; but it cannot be said that it was so vague, uncertain, and indefinite, as the demurrer alleged, that definite issues could not be…
2Cases cited4 opinions
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Gassenheimer v. Western RailwaySupreme Court of Alabama · 1912
- Birmingham National Bank v. BradleySupreme Court of Alabama · 1896
- Southern Railway Co. v. LollarSupreme Court of Alabama · 1902
3Cited by25 opinions
- Barber v. StephensonSupreme Court of Alabama · 1953
- Carraway v. GrahamSupreme Court of Alabama · 1928
- Mobile City Lines, Inc. v. AlexanderSupreme Court of Alabama · 1947
- American Nat. Bank & Trust Co. v. PowellSupreme Court of Alabama · 1937
- Vacalis v. LowrySupreme Court of Alabama · 1966
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